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Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End? SummaryProtection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Studies de Gruyter

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

Patakyová, Mária T.
European Studies , Volume 9 (1): 17 – Aug 1, 2022
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Publisher
de Gruyter
Copyright
© 2022 Mária T. Patakyová, published by Sciendo
eISSN
2464-6695
DOI
10.2478/eustu-2022-0009
Publisher site
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Abstract

SummaryProtection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.

Journal

European Studies – de Gruyter

Published: Aug 1, 2022

Keywords: Euro-conform interpretation; Indirect effect of EU law; Consistent interpretation; Contra legem interpretation – Directive 2008/48/EC – C-42/15 Home Credit – C-331/18 Pohotovosť

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